Comment Of The Day: “When Businesses Have No Principles, No Courage, And The Community Likes It That Way”

Toxic woke is a specialty…

The bizarre episode in Portland, Oregon, in which two bakery employees were fired for following store policy because their doing so upset a black activist, and the establishment is so self-righteously “woke” that her demands were deemed sufficient to make injustice mandatory, has received almost no national publicity. I presume this is because it illustrates the worst of progressive logic, group preference, and hubris to a nauseating extent. Almost as awful as the Back to Eden bakery’s mistreatment of its employees are the addled statements of its owners, which betray an increasingly common (I wish I could write “rare”) certitude of a standard-issue social justice warrior’s virtue, despite overwhelming evidence to the contrary.

Here is johnburger2013’s fascinating analysis of this mess in his Comment of the Day on the post,When Businesses Have No Principles, No Courage, And The Community Likes It That Way….

This story is fascinating on so many levels, from all angles: legal, business practices, ethics, public relations damage control, and a whole host of other areas. Thankfully, geometry and nationalized medical care were spared.

From the outset, it seems kind of dumb to deny a patron pastry at 9:06 p.m. because of a rigid application of store hours. This is a bakery and the business of a bakery is sell baked goods. Any sale of a baked good is a good sale, no?

Yet, if the bakery declares the store hours, the employees should not necessarily be punished for enforcing that policy. Otherwise, you would have people coming and going at all hours and the employees would have to stay beyond their shifts, which may result in hardships on them and others the employees depend on. For instance, if a child is at daycare, there may be an additional fee payable to the daycare because the employee arrived late to pick up the child. Termination of the employees for enforcing the store’s hours seems cruel, harsh, and unfair to the employees.

How this situation spiraled out of control is truly amazing. At first, I thought the fired employees posted about it; then, I learned the Lillian, the Perpetually Aggrieved, posted videos she took from outside the bakery on her Facebook feed, which then went viral. Many Facebookers banded together in a quasi-online lynch mob and filled the bakery’s Facebook page with love letters and messages.

The owners, dreaming of gluten free cookies, awoke to a public relations nightmare. One of the owners contacted Lillian via Facebook Messenger to try to apologize and resolve the problem (without knowing the real facts); though well-intentioned, he stepped into a virtual hornets’ nest. He then tried to make further amends by writing a preliminary statement, which failed miserably. His response: a 3400 word statement, which he subsequently deleted. Here is a link I found on a site called “The Way Back Machine”* that includes the bakery’s initial statement and the update:

https://web.archive.org/web/20180529123148/https://m.facebook.com/backtoedenbakery/posts/10156247917969043

The two statements, taken together are a brilliant lesson in multiculturalism, diversity, virtue signaling, damage control failures, capitulation to The Mob, sacrificing someone for the Greater Good, and the ranking order of privilege and standing in the Grievance Industry.

The initial statement had this little gem:

“Back to Eden Bakery is 100% committed to being a welcoming and supportive environment for all customers who share our values of inclusivity (sic?) and dismantling the white supremacist hetero-patriarchy.” Continue reading

When Businesses Have No Principles, No Courage, And The Community Likes It That Way….

This, by rights, should be a Kaboom!, but after the Starbucks fiasco, my head is no longer surprised enough by outrageous  race-bullying and craven corporations to explode. It is a terrible story, however. I don’t advocate boycotts, but this bakery deserves to be picketed.

On the other hand, it’s Portland, Jake, so maybe I should forget it. But still …hold on to your skull…

Two employees of a bakery denied a black woman service because the business had closed at 9 pm, as was its policy. The woman, however, cried racism, and the store released multiple apologies and public statements. In one, the bakery’s co-owner wrote, “We are doing business in a gentrified neighborhood in a racist city within a racist state of a racist country.”

I’m not even going to comment on that, except to recommend that the guy run onto the field of an NFL game and kneel.

Oh, I almost forgot the beauty part: the bakery fired the two employees. For following the store’s policies. For closing the store on time. For not giving special dispensation to a woman demanding entry because she was black.

According to its own surveillance video, a black woman named “Lillian”, who is  known  as a “professional equity activist”—that is, a social justice predator who was probably lying in wait until the store closed to provoke this controversy— entered at 9:06 p.m….after the bakery’s closing time, after the Catch 22-doomed employees turned off the “OPEN” sign. Two white women tried to enter the bakery two minutes before “Lillian, “and were properly informed that the business was closed for the night. Ah, but they had no race card to play. “Lillian” left the store briefly and began recording video. Of course she did.

The bakery’s statement—hold on to that cranium, now!— says that even though  the employees were following the business’s protocol of closing at 9 p.m. and did nothing to suggest racism, they were fired because “sometimes impact outweighs intent.”

In other words, they should recognize that society has handed blacks and the race-grievance mob the weapons to destroy them, and behave accordingly.  Is there any other interpretation? The bakery also said  that the way the employees went about denying the woman service, “lacked sensitivity and understanding of the racial implications at work” and that “this is more about how a black woman was made to feel.” Not a white woman, now or just a woman. How they choose to feel would be their own problem. A black woman, however, felt that the rules should be bent for her, and then felt that two employees trying to do their jobs had to be sacrificed.

Nice. Continue reading

Morning Ethics Warm-Up, 2/13/18: You Can’t Get Much More Ethics Issues Variety Than This!

Good Morning!

[Mickey is really playing that piano. Boy he was amazing…]

1 A Russian Jumbo!  And it worked! In Russia, Irina Kudinova was charged with mocking the Church after she  posted a photograph that prosecutors alleged was obscene and thus constituted the “deliberate desecration of a religious object” and “insulting the feelings of believers.”   Gee, I can’t imagine why anyone would think THAT..Here’s the photo:

The judge ruled that it was merely a photo of an Easter cake and nothing more. Elephant? What elephant? Or maybe “What elephant phallus?” would be more accurate. Kudinova was awarded 20,000 rubles in a court action for false accusations.

Few cases better illustrate the principle that in Bizarro World attempts at ethical acts become unethical. The problem is that Russia has laws that discourage free speech. In order to undermine an unethical law, the judge in this case made a ruling that is obviously contrary to reality, and what anyone can see with their own eyes. If judges can ignore evidence and deny reality to protect citizens from an unjust law, then they can do the same to unjustly punish citizens who break no laws at all.

I’m happy for Kudinova, but the Russian judge is a well-intentioned ethics dunce. His solution does as much damage as good.

2. “Thanks, Mom and Dad…and bite me.” The parents of GOP Senate candidate Kevin Nicholson each gave $2,700, the maximum allowed, to the primary campaign of the Democrat their son is challenging, Senator Tammy Baldwin. Continue reading

Morning Ethics Warm-Up, 12/29/2017: Daring The Alt-Right

GOOD Morning, Everyone!

1 Ethics Alarms Holiday Challenge! report: You did not disappoint  me. I have not read all the comments in detail yet, but the various evisceration of NBC’s jaw-droppingly stupid call for an end to freedom of speech produced at least five strong Comment of the Day candidates. I won’t re-post all of them, because Noah’s inept screed doesn’t warrant that much space, frankly. Good job!

On a related administrative note, I’m really going to try to get all the Ethics Alarms Best and Worst completed this year (having fallen short the last two), and would appreciate nominations in all categories. (Some examples are here and here, but don’t feel constrained. New categories are welcome.)

Use this post, please, or e-mail me at jamproethics@verizon.net.

2. Doesn’t help…President Trump couldn’t resist tweeting this:

‘In the East, it could be the COLDEST New Year’s Eve on record,’ he tweeted from Mar-a-Lago Thursday night, where it is currently a balmy 78 degrees Fahrenheit Perhaps we could use a little bit of that good old Global Warming that our Country, but not other countries, was going to pay TRILLIONS OF DOLLARS to protect against. Bundle up!’ 

Ugh.

  • These are the tweets that try men’s souls. It’s just never a good thing for the leader of the country to broadcast his ignorance and deficits of critical thought.
  • It would be a bit less annoying—but still unpresidential and self-destructive,  if the President were satirizing the climate change chorus, which despite the fact that the science they claim to revere so much says its nonsense to do so, still cite individual weather events as “proof” of global warming, most recently the 2017 hurricane season. Or if he were trolling his foes, which he is often masterful at doing, trying to lure them into hypocrisy. Predictably, journalists took the bait anyway, with many suddenly becoming sticklers for the key distinction between  climate change, and weather after years and years of intentionally blurring in in their interviews and reporting. Sadly, there is no reason to believe the President was doing anything but trumpeting his own scientific illiteracy.
  • I wonder what the President’s approval ratings would be if he had never sent a tweet after taking the oath of office?

Continue reading

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading

More Noose Ethics: In Virginia, Affirmation That The Constitution Permits One To Be Racist And Talk Like A Racist, But Not To Do THIS

nooseThe Virginia Court of Appeals took on the case of a man convicted of violating a state law prohibiting displaying a noose with the intent to intimidate, in violation of Va. Code § 18.2-423.2. Actually, Jack Turner did a bit more than that. The noose was hanging from a tree on his property and was on the neck of a dummy appearing to portray a black man. However, the law only prohibits a citizen from displaying a noose in a public place, and this was, his lawyers argued, Constitution-protected speech on private property. Turner was appealing his sentence of five years in prison (all but six months were suspended).

No doubt about it, this was “hate speech”; Turner admitted it.  After his African American neighbor reported the display to police, who questioned him about his intent, Turner initially said that the hanging black dummy was “a scarecrow.” When it was pointed out that he had no garden, Turner elaborated by explaining that he was a racist, and “did not like niggers.”

At the trial, one of Turner’s African American neighbors testified that after seeing the hanging dummy he was especially upset when he saw the dummy because nine African-Americans had been killed in the Charleston South Carolina church shooting earlier in the same day. The neighbor’s wife testified that she now feared for her family’s safety.  After the incident, the parents no longer allowed their sons to walk past Turner’s house, because, they said, they didn’t know what else a man who hanged such a warning was capable of doing. For his part after he was forced to remove the hanging black effigy, Turner continuously hung a Confederate flag in a window  facing his neighbor’s home. Great neighbor.

Hate speech, however, is still protected speech. As the Supreme Court confirmed last session, to be legally prohibited hate speech must constitute a “true threat,” meaning that a speaker means to communicate “a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals,” even where the speaker does not “intend to carry out the threat.” Prohibitions of true threats protect individuals from “fear of violence and from the disruption that fear engenders.”

The Court of Appeals didn’t have to exert itself to find that when a man hangs a noose with a black figure dangling from it within view of his African-American neighbors’ house, it indeed constitutes a “true threat.” The Court found the display, after reviewing the history of lynchings in Virginia and the powerful symbolism carried by Turner’s noose, comparable to a burning cross, Continue reading

Unethical Quote Of The Week: Mayor Patsy Capshaw Skipper of Midland Alabama

Patsy-Skipper-Facebook-post

“I lost. The nigger won.”

—Soon to be ex-mayor of Midland, Alabama, Patsy Capshaw Skipper, in a Facebook response to a friend  who asked about the recent election.

Mayor Skipper was defeated by Jo Ann Bennett Grimsley, former assistant city clerk and an employee of the Dale County government for 27 years. She also happens to be black, which is apparently what Skipper thinks is most important about her.

A few observations:

1. What an idiot! I wonder how long Facebook and Twitter will be around before people learn that you can’t post anything “secretly”?

2. Such a disgusting statement being made by an elected official on a public forum does incalculable harm to societal bonds of trust and race relations. It appears to validate the worst suspicions and fears of African Americans, not just in Midland, not just in Alabama, but everywhere. It also is ammunition for those who derive power and influence from promoting racial discord–Black Lives Matter, race hustlers like Al Sharpton, Democrats.

3. Skipper became mayor when her husband, who was the previous mayor, retired in poor health [Notice of correction: the original post erroneously stated that he had died. My mistake, and I apologize for the error.]  and the good, lazy, irresponsible people of Midland decided that simply having the same last name as the previous mayor was qualification enough to run the town. It is just mind-blowing how often this happens, and there is no justification for it. Let’s see: Sonny Bono’s wife Mary, with no relevant experience at all, was elected to replace him in Congress after he died in a skiing accident. Lurleen Wallace took over for her husband George as Governor of Alabama when he couldn’t serve another term [Notice of ANOTHER correction: the original post erroneously stated that Wallace’s shooting prompted Lurleen’s ascension to power. Again, I missed it by careless reading. Thanks and gratitude to the Wallace-literate reader who informed me of the mistake.]  had died. My mistake, and I apologize for the error.] . Jean Carnihan took over for her husband as junior U.S. Senator of Missouri after he died.

And then there’s Hillary, of course. Continue reading